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2025 DAILYLAW 24737 (ALL)

AMIT YADAV v. STATE OF U.P. AND 7 OTHERS

WPIL/448/2025 · 2025-05-26

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:90752 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 448 of 2025 Petitioner :- Amit Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dan Bahadur Yadav,Umesh Chandra Vishwakarma Counsel for Respondent :- Mashaluddin Shah,Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. A personal affidavit has been filed by the District Magistrate, Jaunpur in compliance with the order dated 05.04.2025. It is taken on record. Let it be numbered by the office. In paragraph nos. 7,8 and 9 of the affidavit, it is averred: "7. That in compliance of the above directions, the Tehsildar, Sadar, Jaunpur constituted a Revenue Team to inspect the site. The Revenue Team conducted a spot inspection on 01.04.2025, carried out the site and record inspection of Plot No. 555/0.053 hectare, and conducted the demarcation of the Chak Marg. 8. That during the site inspection, a spot memo was prepared, and signatures of the members of the Revenue Team, the petitioner's brother Anurag, and adjoining cultivators were obtained on the spot memo, acknowledging the inspection and its outcome. A true copy of the Spot Memo along with photographs taken during the inspection is annexed herewith and marked as Annexure No. P.A.-2 to this affidavit. 9. That as per the report dated 01.04.2025 submitted by the Tehsildar, Sadar, Jaunpur, after demarcation, it was found that Plot No. 555/0.053 hectare (Chak Marg) is completely free from any encroachment and that the said Chak Marg is open and is being used for free movement without any obstruction. No encroachment was found over the said Chak Marg. A true copy of the report of the Tehsildar, dated 01.04.2025, is annexed herewith and marked as Annexure No. P.A.-3 to this affidavit." Learned counsel for the petitioner submits that there was earlier encroachment in the Chakmarg but during demarcation by the revenue team, the encroachment was removed and now the Chakmarg is free. It is, therefore, directed that the Chakmarg in Plot No. 555/0.053 hectare, as demarcated by the revenue team in accordance with the spot memo dated 01.04.2025 and photocopies whereof are annexed at page no. 9 to the District Magistrate's affidavit, shall be maintained free of encroachment. This petition is disposed of in terms of the aforesaid order. Let this order be communicated to the Collector, Jaunpur through the Chief Judicial Magistrate, Jaunpur by the Registrar (Compliance) within 24 hours. Order Date :- 27.5.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad